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Motions and Resolutions,

Senator Gansser offered the following:
Senate resolution No. 18.

Whereas, we note with keen regret the continued absence from this session, on account of illness, of Senator James Henry, of the 9th District, Battle Creek; therefore be it

Resolved, That we extend to Senator James Henry our greetings and our best wishes for his speedy and complete recovery; and be it further

Resolved, that we extend to Senator James Henry an indefinite leave of absence from this session, and that a copy of this resolution be forwarded by the Secretary of the Senate to Senator Henry.

The resolution was adopted.

Mr. Martin offered the following concurrent resolution:
Senate concurrent resolution No. 5.

Resolved by the Senate (the House of Representatives concurring), That the joint rules of the Senate and House of Representatives be and are hereby amended by adding thereto a new rule to stand as Rule 16 and to read as follows:

Rule 16. Whenever a bill or joint resolution which has passed one house of the legislature by a two-thirds vote and been transmitted to the other house and been referred to a committee, the said committee shall report the said bill or joint resolution, with or without recommendation, within five days after its reference.

The concurrent resolution was referred to the Committee on Rules and Resolutions.

Mr. Wilcox moved that the Senate adjo
The motion prevailed.

The President declared the Senate adjourned until tomorrow, Wednesday, January 14, 1925, at 2:00 o'clock p. m.

DENNIS E. ALWARD,

Secretary of the Senate.

JOURNAL OF THE SENATE

NUMBER FOUR.

Senate Chamber, Lansing, January 14, 1925.

2:00 o'clock p. m.

The Senate met pursuant to adjournment and was called to order by the President.

The Reverend John P. Jockinsen of the Pilgrim Congregational Church of Lansing offered prayer.

The roll of the Senate was called by the Secretary.

Present: Senators Atwood, Bahorski, Baxter, Bohn, Brower, Butler, Bernie L. Case, William L. Case, Cummings, Gansser, Greene, Herald, Herrick, Hinkley, Horton, Howarth, Hunter, Karcher, Leland, Martin, Pearson, Penney, Truettner, Whiteley, Wilcox, Young.-26; a quorum.

Absent with leave: Senators Henry, Quinlan and Wood.-3.
Absent without leave: Senators Condon, Gettel and Woodruff.--3.

Mr. Brower moved that the absentees without leave be excused from today's session. The motion prevailed.

Presentation of Petitions.

Petition No. 8. By Mr. Martin. Petition of Muskegon County Highway Department protesting against reduction of auto tax going to the County.

The petition was referred to the Committee on Highways.

Petition No. 9. By Mr. Martin. Petition of Abraham Anys and 24 other residents of the twenty-third district opposing the reduction of auto tax going to the counties.

The petition was referred to the Committee on Highways.

Petition No. 10. By Mr. Truettner. Petition of citizens of Menominee, Delta and Dickinson counties requesting the adoption of certain roads in said counties as state trunk line highways.

The petition was referred to the Committee on Highways.

Petition No. 11. By Mr. Leland. Petition of the Board of Supervisors of Allegan County favoring a gasoline tax.

The petition was referred to the Committee on Taxation.

Petition No. 12. By Senator Leland. Petition of the Van Buren County Farm Bureau favoring a two cent gasoline tax.

The petition was referred to the Committee on Taxation.

President's Address.

The President addressed the Senate as follows:

Senators:

The organization of this body has been completed. You have met with the House of Representatives in joint convention and have listened to the message of the Governor of the State. You are now ready for active legislative work and · I avail myself of the time honored custom of addressing you briefly.

In this Senate of 1925-26 there are an exceedingly large proportion of Senators with previous legislative experience and we have a right to expect sound and seasoned judgment in all your decisions. All of you are members of the dominant political party of the State and the success or failure of your efforts will be a direct reflection upon that party.

The fact that with few exceptions you have been chosen to membership in this body after previous legislative service is evidence that the majority of the constituents of your respective districts have confidence in your ability to perform the duties of the office with which they have honored you. At the election at which you were chosen the people of Michigan also saw fit to honor the present Governor of the State for the third consecutive time with the office of chief Executive of this great Commonwealth. In the history of the State only twice before has this honor been so bestowed. This time that honor was conferred by so great a majority as to unmistakably stamp with the public's approval the energetic and intelligent public service that the present governor has performed during the past four years. During that time with the aid of constructive legislation the finances of the State have been put in order. State institutions have been rehabilitated and the needs of the State's wards and charges have been cared for in a manner that is a credit to the citizenship of our State. A comprehensive program of highway construction has been inaugurated and carried forward that is fast placing Michigan in the forefront in this field of activity. The administrative machinery for conducting the people's business has been systemized and improved and the burden of State taxation on the homes and farms of the State has been thereby materially reduced.

The recommendations for a future program of State activities to which you listened attentively at the Joint Convention gave evidence that there is much work yet to be done and its accomplishment can best be achieved through a harmonious and helpful co-operation of legislative enactment.

I have recommended some changes in the committee organization of the Senate which you have accepted. Some committees that had little prospect of having legislation submitted to them have been eliminated and the arrangement of the institutional committees has been expanded. It is my opinion that there is no duty placed upon any legislature more important than the duty of considering and legislating for the care and comfort of the charges in our State institutions. There are over 18,000 unfortunates under the care of our State government and you are charged with the duty of appropriating funds for their maintenance. An intelligent understanding of their needs and requirements can only be had by first hand observation and to that end the visits of the institutional committees should be an invaluable help.

The immediate necessity for a reasonable and adequate provision of a financial policy for further highway improvement is imperative and can readily be accomplished if personal bias is made subordinate to the general public good.

It is the history of popular government that legislation invariably awaits public demand. In the matter of conservation of the State's natural resources this demand has now ripened and matured and the people of Michigan are expecting from this session of the legislature an intelligent consideration of this problem. Our State has been generously endowed by Nature and is widely being recognized as the summer playground of the nation. Each year our well constructed highways are opening new gateways to the great out of doors. The further establishment and improvement of State parks; the re-stocking of our lakes and streams with fish and the promotion of natural cover for game will entice our citizens to more healthful recreation. The influx each summer of thousands of visitors from other states is a liberal source of revenue for our people and should be encouraged in every possible manner. In my opinion it is a short sighted policy to tax them for the privilege of taking a few fish from our lakes and streams. Rather the State can well afford not only to provide from its general fund to re-stock our lakes, streams and fields; to improve our public park sites but additional funds should be provided to proclaim generally to the country at large the beauties and advantages of Michigan as a summer play ground and assure visitors a cordial welcome.

Among other questions, that will be presented, you will be asked to pass your judgment upon an amendment to the Federal Constitution. In the consideration of this you should keep in mind the fundamental relation of the State to the Nation. You should consider well whether or not more power should be granted to the Federal government especially over such matters as we are competent to decide for ourselves. The importance of this pending question lies not so much in the subject of this particular amendment as in the advisability of further straying away from the original intent of the framers of our Federal Constitution. On the subject matter of the amendment to be submitted the people of Michigan have already intelligently legislated and can in the future alter or amend that legislation so long as the right to do so is not surrendered to the national Congress.

The action of the last legislature in refusing to obey the plain mandate of the fundamental law of the State in regard to the re-apportionment of the legislative representation was a blot on the principle of representative government that should be erased by this legislature.

There can be no equivocation. The constitution is a contract between the people of a commonwealth and their designated public officials for the purpose of safeguarding and protecting the rights of the people against the action of any elective official. The ceremony of subscribing to an oath to uphold that consideration which is exacted from every elective member of a state government is the only assurance that the people can ask that their rights will be respected. The fact that no penalty is prescribed for the violation of that oath merely implies a confidence in the integrity of American manhood and womanhood. Grave as was this violation of the right of every citizen of a free country to equal suffrage and equal representation this question is now eclipsed by the greater moral issue of the integrity of elective public officials and the security of the basic principles of our form of government. It is an obligation of this session of the Michigan Legislature to repel this attack upon the confidence in popular government.

The opportunity for a constructive and helpful session is inviting you. The people of the State are expectant and hopeful that our work will be fruitful in the interest of the commonwealth. Our self respect and the welfare of the people will be served by a record of sound legislative accomplishment. It needs but the desire on our part together with an exercise of mutual co operation and understanding to merit the approval of our constituents.

Introduction of Bills,

Mr. Howarth introduced
Senate bill No. 13, entitled

A bill to repeal Act No. 209 of the Public Acts of 1923, entitled "An act to regulate and define common carriers of persons and property by motor vehicle on public highways of this State, prescribing the payment and fixing the amount of privilege taxes for such carriers, the disposition of such taxes, and prescribing penalties for violation of this act,” approved May 23, 1923.

This bill was read a first and second time by its title, ordered printed, and referred to the Committee on Transportation.

Motions and Resolutions.

Mr. Herald offered the following resolution:
Senate Resolution No. 19.

Resolved, That the members of the Michigan Senate express their profound sorrow at the death of Honorable Walter J. Hayes which occurred January 21, 1924. He was a distinguished member of this body at the sessions of 1921 and 1923. His record in public and private life was beyond reproach. In his death the State sustains an irreparable loss and the Senate hereby records its appreciation of a notable, a successful and a great career in the interest of the people.

Resolved further, That the Senate extends sincere sympathy to the bereaved family.

Resolved further, That a copy of these resolutions be transmitted to the family of the deceased.

The resolution was unanimously adopted, the Senators standing in tribute to the memory of their former colleague.

Mr. Young moved that the Senate adjourn.
The motion prevailed.

The President declared the Senate adjourned until tomorrow, Thursday, January 15, 1925, at 2:00 o'clock p. m.

DENNIS E. ALWARD,

Secretary of the Senate.

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